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United States of America v. Eagle Eyes Traffic Industrial Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


December 27, 2011

UNITED STATES OF AMERICA
v.
EAGLE EYES TRAFFIC INDUSTRIAL CO., LTD.;
E-LITE AUTOMOTIVE, INC.; HOMY HONG-MING HSU; AND YU-CHU LIN, AKA DAVID LIN,
DEFENDANTS.

The opinion of the court was delivered by: Honorable Richard Seeborg United States District Court Judge

[PROPOSED] ORDER EXCLUDING TIME FROM DECEMBER 20, 2011 TO JUNE 18, 2012

The defendant, Homy Hong-Ming Hsu, represented by Becky Walker James, and the 23 defendants Eagle Eyes Traffic Industrial Co., Ltd. ("Eagle Eyes") and E-Lite Automotive, Inc. ("E-Lite"), represented by Kenneth Julian, appeared before Magistrate Judge Joseph Spero on December 20, 2011, for initial appearance and arraignment on the Superseding Indictment filed November 30, 2011. Also on December 20, 2011, Mr. Hsu, Eagle Eyes, and E-Lite appeared before Judge Richard Seeborg. During that appearance, trial in this matter was set for June 18, 2012.

2 request to exclude time under the Speedy Trial Act between December 20, 2011 and June 18, 3 2012, for effective preparation of counsel to allow defense counsel time to review discovery and 4 to conduct necessary investigation to prepare for trial. 5 6 failing to exclude the time between December 20, 2011 and June 18, 2012 would unreasonably 7 deny the defendants and counsel the reasonable time necessary for effective preparation, taking 8 into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B).

December 20, 2011 and June 18, 2012 from computation under the Speedy Trial Act outweigh 11 the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). 12 June 18, 2012 shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. § 14 3161(h)(7)(A) and (B).

The government and the defendants Mr. Hsu, Eagle Eyes, and E-Lite have made a joint Based upon the representation of counsel and for good cause shown, the Court finds that The Court further finds that the ends of justice served by excluding the time between Therefore, IT IS HEREBY ORDERED that the time between December 20, 2011 and 13 DATED: , 2011

20111227

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